Piscedda Mining Construction International Inc. v. Crew Gold Corporation, 2011 YKSC 79
Ken McEwan, K.C., acting for the defendants, was successful in an application to have a breach of contract action stayed on jurisdictional grounds.
The parties entered into a contract under which the plaintiff would operate a gold mine in Guinea, West Africa. The relationship between the parties subsequently broke down, and the plaintiff brought an action alleging misconduct relating to the operation of the mine. The defendants brought an application seeking to stay the action on jurisdictional grounds. The contract between the parties contained a forum selection clause that designated South Africa as the appropriate jurisdiction, and the parties had minimal connection to the Yukon. The Court substantially agreed with the defendants’ arguments, allowing the application and declining to assume jurisdiction. Read case here.